Ali Ditta v R [2016] EWCA Crim 8 (02 February 2016)

Ali Ditta v R [2016] EWCA Crim 8 (02 February 2016)

The evidence of the applicant's cocaine use and the previous convictions of Scarborough, Vohra, and Chand were properly admitted as relevant to the issues in the case; the volume of Operation Oak material was justified; evidence of untruthfulness was admissible; there was sufficient evidence for the case to go to...

Source-derived case information.

Citation
[2016] EWCA Crim 8
Parties
Applicant: Basharat Ali Ditta; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
02 February 2016
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence
Outcome
Renewed application for leave to appeal conviction refused on all grounds except ground 9 (legal professional privilege), which is adjourned; application for leave to appeal sentence refused.
Legal Topics
Perverting the Course of Justice, Bad Character Evidence, Disclosure Obligations, Legal Professional Privilege, Admissibility of Evidence, Summing Up, Section 34 Inferences, No Case to Answer
Criminal Law Perverting the Course of Justice Bad Character Evidence Disclosure Obligations Legal Professional Privilege Admissibility of Evidence Summing Up Section 34 Inferences +1 more

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Summary, issues, holding and outcome

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Parties

Basharat Ali Ditta

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the admission of evidence of the applicant's cocaine use was proper
  2. 2 Whether the previous convictions of Scarborough, Vohra, and Chand were properly admitted
  3. 3 Whether the volume of Operation Oak material admitted was excessive

Ratio Decidendi

The evidence of the applicant's cocaine use and the previous convictions of Scarborough, Vohra, and Chand were properly admitted as relevant to the issues in the case; the volume of Operation Oak material was justified; evidence of untruthfulness was admissible; there was sufficient evidence for the case to go to the jury; section 34 inferences were properly directed; the summing up was fair; disclosure was adequate; and no grounds except the legal professional privilege issue (adjourned) rendered the conviction unsafe.

Court Disposition

Renewed application for leave to appeal conviction refused on all grounds except ground 9 (legal professional privilege), which is adjourned; application for leave to appeal sentence refused.

Orders

  • Ground 9 (legal professional privilege) adjourned for further hearing.
  • All other grounds of appeal refused.